Jharkhand Court August 2007 Judgments
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The State of Jharkhand Vs. Ajay Kumar Pal
Court: Jharkhand
Decided on: Aug-28-2007
Reported in: 2008(56)BLJR613
D.P. Singh, J.1. The convict Ajay Kumar Pal has been sentenced to be hanged till death for causing death of five persons under Section 302 IPC by the judgment of conviction and order of sentence dated 5.4.2007 and 9.4.2007 respectively by 7th Additional Judicial Commissioner cum Special Judge, CBI, under Sections 302/326/436/201 IPC. The reference for confirmation of sentence and conviction made by the trial court under Section 366 Cr.P.C. has been received by the Registry on 12.4.2007. The convict has further filed an appeal under Section 374(2) Cr.P.C. from the jail, which has been registered as Cr.Appeal No. 403/2007. Since both the matters arise out of the same order of conviction and judgment dated 5.4.2007 and 9.4.2007, both have been taken up together and are being disposed of by this common judgment.2. The factual matrix leading to the reference and appeal are that in the morning of 2nd June, 2003 the residents of Gandhi Vihar situated behind Sai Hospital, Bariyatu road Ranchi,...
B. Kantamma and ors. Vs. B. Krishna Reddy
Court: Jharkhand
Decided on: Aug-28-2007
Reported in: [2008(1)JCR176(Jhr)]
R.K. Merathia, J. 1. Mrs. Jaya Roy, relying on the judgment of this Court in 2003(2) JLJR 71 (Jagendra Kaur v. Kali Prasad @ Kalu Prasad), submitted that the Second Appeal is maintainable against the impugned judgment.Mr. B.V. Kumar, appearing for the respondents does not dispute this position.Accordingly, it is held that the Second Appeal is maintainable.2. Appellants have preferred this appeal against the order dated 21.5.2007 passed in Misc. Appeal No. 30 of 2006, affirming the judgment dated 27.9.2006 passed in Misc. Case No. 1 of 2006 and rejecting the petition filed by the appellants under Order XXI Rule 97/101 read with Section 151 of the C.P.C. (hereinafter to be referred as Misc. Case).3. A suit for specific performance of the agreement for sale dated 11.1.1980, was filed by the father of the respondent herein- B. Laxmayya, being Title Suit No. 5 of 1983 against one B. Narsingh Rao s/o B. Appal Swami, the defendant, who admitted execution of the said agreement, but pleaded ign...
Ajay Kumar Vs. Ram Prasad Sahu and ors.
Court: Jharkhand
Decided on: Aug-28-2007
Reported in: [2008(1)JCR109(Jhr)]
ORDERM.Y. Eqbal, J.1. This letters patent appeal filed by the appellant Ajay Kumar is directed against the judgment dated 10.7.2007 passed in W.P.C. No. 1554 of 2007 by which learned single Judge allowed the writ petition and directed the respondent Jharkhand State Electricity Board to provide electric connection in the premises of the writ petitioner. It is worth to mention here that appellant Ajay Kumar was not a party to the writ petition and has filed this appeal on the ground that he is aggrieved by that order.2. The case of the writ petitioner was that without informing him and without assigning any reasons and without giving notice or opportunity of hearing, the electric connection in the premises occupied by him has been disconnected by the respondent-Electricity Board, although there were no arrears of bill. Respondent-Board in the counter affidavit took the stand that the electric connection in the premises of the writ petitioner was not disconnected; rather the said connecti...
Smt. Anjana Gorai Vs. Union of India (Uoi) and anr.
Court: Jharkhand
Decided on: Aug-28-2007
Reported in: [2008(1)JCR359(Jhr)]
Narendra Nath Tiwari, J.1. In this writ petition the petitioner has assailed the award dated 12.1.06 passed by the Presiding Officer, Central Government Industrial Tribunal No. 2, Dhanbad whereby the reference has been answered in negative. The petitioner-deceased workman's wife had raised dispute as follows: 'Whether the action of the Management of M/S TISCO Ltd. in denying to give employment to Smt. Anjana Gorai, wife of late Daso Gorai is justified? If not, to what relief is the said workman entitled?'.2. The case of the concerned workman espoused by the sponsoring Union is that the concerned workman, deceased-husband of the petitioner was appointed by the Management at 6/7 Pits Colliery as Cat.I Mazdoor on 21.4.83. On 19.3.87 he was allotted duty from 8 A.M to 4 P.M. After completion of his duty he became seriously ill and was admitted to the Company's hospital at Jamadoba at 9. P.M, but he died at 2.20 P.M on 20.3.87. After his death, the petitioner submitted representation to the...
State of Bihar and ors. Vs. Sharda Devi
Court: Jharkhand
Decided on: Aug-28-2007
Reported in: [2009(1)JCR704(Jhr)]
ORDER1. Since in these two appeals common questions of facts are involved, they have been heard together and are being disposed of by this common order.2. The appellant State preferred these appeals against the judgments and orders dated 9.7.1998 and 20.7.1998 passed by a learned Single Judge in CWJC No. 1601 of 1987 (R) and CWJC 1421 of 1988 (R) respectively. In these two writ applications, the respondent challenged the correctness and validity of the order passed by the Collector whereby he sought to initiate proceedings for cancellation of the jamabandi in purported exercise of powers under Section 4(h) of the Bihar Land Reforms Act on the ground, inter alio, that the land belonged to the State of Bihar. It appears that simultaneously the lands in question along with other lands purported to be acquired under the Land Acquisition Act, Notification under Section 4 of the Act was issued in the name of the respondent. That land acquisition proceedings ended in passing of an award in fa...
Commissioner of Income Tax Vs. Shri Mahabit Prasad Bajaj
Court: Jharkhand
Decided on: Aug-27-2007
Reported in: (2008)217CTR(Jharkhand)233; [2008]298ITR109(Jharkhand); [2008(4)JCR709(Jhr)]
M.Y. Eqbal, J.1. The Commissioner of Income Tax, Bihar-II, Ranchi filed two applications under Section 256(1) of the Income Tax Act, 1961 for the assessment years 1984-85, 1985-86 and prayed to the Appellate Tribunal to refer the question arising out of the order of the Tribunal for answer by this Court. Hence, after setting out the relevant facts, the Tribunal solicited the opinion of this Court on the following question of Law:Whether on the facts and in the circumstances of the case the Hon'ble Members of the Tribunal were justified in deleting the penalty of Rs. 2,97,631/-?2. The brief facts of the case are that the assessee was assessed under the status of individual. He is the proprietor of M/s. S.R. & Co. The assessee maintained mercantile system of accountancy and the accounting period is the financial year ending on 31st March of each year. For both the assessment years, the assessments were completed under Section 143(3) of the Income-tax Act on 19.3.1985 and 20.12.1985. A se...
The Divisional Manager, United India Insurance Company Limited Vs. Md. ...
Court: Jharkhand
Decided on: Aug-27-2007
Reported in: 2009ACJ958; 2008(56)BLJR438; [2008(3)JCR747(Jhr)]
M.Y. Eqbal, J.1. This appeal by the appellant-Insurance Company is directed against the order dated 21st August, 2003 passed by Commissioner, Workmen Compensation, Ranchi in C.W. Case No. 29 of 2002 whereby he has awarded compensation of Rs. 2,03,850/- on account of death of a cleaner (khalasi) of the vehicle in an accident.2. The facts of the case lie in a narrow compass:The claimants filed application before the Commissioner, Workmen Compensation, Ranchi for grant of compensation stating inter alia that the deceased Jubair Khan was under the employment as Khalasi (cleaner) in the Mini bus owned by Samsher Alam bearing registration No. BR-14P 3864. On 8.7.2002 about 10 a.m. the deceased was returning to Lohardaga and the driver of the said Mini bus was driving bus in rash and negligent manner and uncontrolled speed. When the mini bus reached near Maltuti more at Ranchi- Lohardaga road, the driver stopped the bus and the deceased came down from the bus. The other passengers also came d...
Commissioner of Income Tax Vs. Express Printing Works
Court: Jharkhand
Decided on: Aug-27-2007
Reported in: [2008]298ITR285(Jharkhand); [2008(1)JCR527(Jhr)]
1. By this reference under Section 256(1) of the Income Tax Act, 1961, the following question has been referred to this Court:Whether on the facts and in the circumstances of the case, the Hon'ble ITAT was justified in law in directing not to withdraw the Investment Allowance already granted as wrongly allowed to the assessee firm as per the provision contained in subsection C of Section 155(4A) of the IT Act, 1961?2. Without going into the circular referred to by the learned Counsel appearing on behalf of the parties with regard to the monetary limit within which the matter may not be referred to this Court for adjudication, we have heard the learned Counsel for the parties on the merits of the case.3. Brief facts of the case is that the assessing officer finding that the investment allowance of Rs. 2,52,143/- had been transferred to the partners' Capital Account in the assessment year 1986-87, proceeded under Section 155(4A) of the Act and passed an order to withdraw the investment a...
Ram Awatar Ram Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Aug-27-2007
Reported in: [2008(1)JCR67(Jhr)]
D.K. Sinha, J.1. The present Cr. Revision has been preferred by the petitioner Ram Awatar Ram son of the complainant Deoki Ram (since dead) of SC/ST (Prevention of Atrocities) Act Case No. C-536 of 2003 against the order impugned dated 15.5.2007 passed by the learned Special Judge-cum-Ist Addl. Sessions Judge, Garhwa corresponding to SC and ST. Case No. 2 of 2005 whereby and whereunder the petition filed by the petitioner herein under Section 216 of the Code of Criminal Procedure for modification in the charge was dismissed.2. The brief fact of the case is that the father of the petitioner namely Deoki Ram (since dead) had preferred a complaint case against the members of the Opposite Party Nos. 2 to 6 and after enquiry under Section 202 of the Code of Criminal Procedure, cognizance of the offence was taken under Section 3(iv) of the SC and ST (Prevention of Atrocities) Act, 1989 and the case was referred to the Special Court competent to try and after framing of charge in the aforesai...
Kamal Kant Singh @ K.K. Sinha and anr. Vs. State of Jharkhand
Court: Jharkhand
Decided on: Aug-27-2007
Reported in: [2008(1)JCR74(Jhr)]
D.K. Sinha, J.1. The present Cr. Revision is directed against the order impugned dated 1.7.2006 passed by the learned S.D.J.M., Jamshedpur in Sidgora P.S. Case No. 70 of 2004 corresponding to G.R. No. 15125 of 2004 whereby and whereunder the application filed on behalf of the petitioners under Section 239 of the Code of Criminal Procedure for their discharge was rejected.2. The prosecution story in brief is that the petitioner No. 2 Bibhash Kumar Jha was intercepted by the police on the tip-off that he was carrying forged certificates of Jharkhand Academic council which was to be distributed. On search various documents as such, photo copies of the registration of Jharkhand Academic Council, pages 1 to 36 bearing seal of Principal of S.S. High School, Chandil with the signature of one Ashok Kumar, Photocopy of registration of Jharkhand Academic Council from pages 29 to 72 bearing seal of Principal of High School, Raghunathpur with the signature of one Sribas Chandra Mahato and other na...
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